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HCR 6

AFFIRMING AND SUPPORTING THE REQUIREMENT THAT HOSPITALS PROVIDE LIFE-SAVING EMERGENCY CARE TO PREGNANT PEOPLE, INCLUDING REPRODUCTIVE AND ABORTION SERVICES, WHEN SUCH CARE IS MEDICALLY NECESSARY TO STABILIZE A PATIENT UNDER THE EMERGENCY MEDICAL TREATMENT AND ACTIVE LABOR ACT.

2026 Regular Session Introduced by Terez Amato and 26 co-sponsors

Hawaii concurrent resolution affirms hospitals must provide emergency abortion care when medically necessary under federal EMTALA requirements, superseding state restrictions.

Referred to HHS.
#abortionservices #emergencymedicaltreatmentandactivelaboract #hospitals #reproductiveservices
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Bill Summary · HCR 6

Legislative bill overview

HCR 6 is a concurrent resolution affirming that hospitals must provide emergency reproductive and abortion care to pregnant patients when medically necessary to stabilize life-threatening conditions, in compliance with the federal Emergency Medical Treatment and Active Labor Act (EMTALA). The resolution clarifies that EMTALA's requirements supersede any state restrictions on abortion access in emergency medical situations.

Why is this important

This addresses a real tension between federal law and state abortion restrictions that has created confusion for hospital providers nationwide. Clarifying that federal emergency care mandates override state abortion bans directly impacts whether pregnant patients in medical crises can access potentially life-saving procedures without legal jeopardy to hospitals or providers.

Potential points of contention

  • Scope of "medically necessary": Disagreement exists over what constitutes genuine medical emergency versus elective procedures, with different medical standards applied by different physicians
  • State sovereignty concerns: Critics argue federal mandates override state legislative authority to regulate abortion, while supporters contend federal law already establishes this hierarchy
  • Enforcement mechanisms: The resolution affirms requirements but doesn't establish enforcement procedures or penalties for non-compliance, limiting practical teeth

Compiled from official sources — confirm details with the bill’s official record.

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